Free Witness List - District Court of Federal Claims - federal

Case 1:05-cv-00746-SGB

Document 41

Filed 05/30/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ENVIRONMENTAL TECTONICS CORPORATION, Plaintiff, v. THE UNITED STATES, Defendant ) ) ) ) ) ) ) ) ) )

No. 05-746C (Judge Susan G. Braden)

DEFENDANT'S WITNESS LIST Pursuant to the Court's scheduling order and ¶ 15 of Appendix A of the Rules of the Court of Federal Claims, defendant, the United States, respectfully sets forth a list of witnesses defendant expects to call at trial and witnesses defendant may call if the need arises. In addition, defendant reserves the right to call any witnesses appearing on plaintiff's witness list. David DeAngelis Deputy Director for Programs Protective Security Division Department of Homeland Security 1110 Glebe Road Arlington, VA (703) 235-5707 Mr. DeAngelis is expected to testify regarding the observations he made, the actions he took, and the opinions he formed during his involvement with the contract. Mr. DeAngelis was involved with this project from 1997 until January 2003, when he left to work for the Department of Homeland Security. During pre-award, Mr. DeAngelis chaired the Technical Evaluation Board. The Board was responsible for evaluating the technical proposals submitted. As project manager, Mr. DeAngelis was responsible for monitoring ETC's contract performance from a technical standpoint to ensure that ETC was in compliance with the technical requirements of the contract. In addition, Mr. DeAngelis was also the contracting officer's technical representative ("COTR"), who acted as the liaison between the contractor and the contracting officer. Estimated time for direct: 3 hours

Case 1:05-cv-00746-SGB

Document 41

Filed 05/30/2007

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Thomas Galloway NAVSEA OOC-31 Detailed to NAVSEA PM394 1339 Patterson Ave, SE, Stop 7026 Washington Navy Yard, DC 20376-7026 (202) 781-7313 Mr. Galloway is expected to testify regarding the observations he made, the actions he took, and the opinions he formed during his involvement with the contract. Mr. Galloway was a member of the Technical Evaluation Board. From 1998 until 2003, he was also the program manager. He currently is NAVSEA's technical director for the project. Estimated time for direct: 3 hours Charles Thompson NFESC-ECD 720 Kennon Street, SE, Bldg. 36, Suite 333 Washington Navy Yard, DC 20374-5063 (202) 433-5478 Mr. Thompson is expected to testify regarding the observations he made, the actions he took, and the opinions he formed, during his involvement with the contract. Mr. Thompson is the current project manger. He assumed that position when Mr. DeAngelis left in January 2003. Mr. Thompson has been involved with the project from 1998 to the present. Mr. Thompson sat as a board member on the Technical Evaluation Board and has acted as the quality control manager for this contract. Estimated time for direct: 3 hours Matt Walters Oceaneering International, Inc. 7001 Dorsey Road Hanover, MD 21076 (443) 459-3711 Mr. Walters has been involved in this project from contract award through the present. As an engineer with Oceaneering, Mr. Walters was involved in the preparation of the request for proposals and during the performance of the contract was tasked by NAVSEA to review technical documentation, including drawings, reports, and analyses, for the SDC contract awarded to ETC. Estimated time for direct: 2 hours

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Case 1:05-cv-00746-SGB

Document 41

Filed 05/30/2007

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Jack R. Maison Adaptive Computer Tech Inc. 3507 Hunters Sound San Antonio, TX 78230-2838 210-479-6415 Dr. Maison is expected to testify regarding the observations he made, the actions he took, and the opinions he formed, during his involvement with the contract. Dr. Maison was involved in this project from contract award through 2004. Dr. Maison was a consultant to Oceaneering who was tasked with reviewing and commenting upon the documentation submitted by ETC. Estimated time for direct: 2 hours Rita Palmore c/o Jaime Palmore 12415 Weddington Street, Apt. 8 Valley Village, CA 91607 Ms. Palmore is expected to testify regarding the observations she made, the actions she took, and the opinions she formed during her involvement with the contract. Ms. Palmore was the procurement and administrative contracting officer from 1998 until she retired in May/June 2005. Estimated time for direct: 1 hour Steve Simon DCAA PA Branch Office 700 American Avenue, Suite 100 Kink of Prussia, PA 19406-4031 (610) 878-2860 Mr. Simon is expected to testify regarding the observations he made, the actions he took, and the opinions he formed during his involvement with the contract. Mr. Simon performed the December 17, 2003 audit of ETC's request for equitable adjustmnt. Estimated time for direct: 2 hours

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Case 1:05-cv-00746-SGB

Document 41

Filed 05/30/2007

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Agent John Franciotti Naval Criminal Investigative Service 700 Robbins Ave. Philadelphia, PA 19111 (215) 697-6694 (215) 778-9038 (Cell) Agent Franciotti is expected to testify regarding the observations he made, the actions he took, and the opinions he formed, during his involvement with the contract. Agent Franciotti conducted a criminal investigation related to possible mis-charges by ETC for labor, indirect/direct costs and material costs for the subject contract. Estimated time for direct: 1 hour Onur Coskun Abrec Ses ve Isik Sistemleri Halide Edip Adivar Mahallesi Kutlubey Sok. 29/B - Sisli Istanbul, Turkey 034382 +90 212 210 0788 (Fax) 443-370-2806 Mr. Coskun is expected to testify regarding his involvement in the contract as an employee of ETC and about his involvement in the FEA analyses. Estimated time for direct: 1 hour Robert Reed Mr. Reed is expected to testify regarding the observations he made, the actions he took, and the opinions he formed, during his involvement with the contract. Mr. Reed is expected to testify regarding events pertaining to ETC's performance under the contract during the time he was employed by ETC. Estimated time for direct: 1 hour Michael Allen Mr. Allen is expected to testify regarding the observations he made, the actions he took, and the opinions he formed, during his involvement with the contract. Mr. Allen is expected to testify regarding events pertaining to ETC's performance under the contract during the time he was employed by ETC. Estimated time for direct: 1 hour 4

Case 1:05-cv-00746-SGB

Document 41

Filed 05/30/2007

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Gary G. Monesmith Mr. Monesmith is expected to testify regarding the observations he made, the actions he took, and the opinions he formed, during his involvement with the contract. Mr. Monesmith is expected to testify regarding events pertaining to ETC's performance under the contract during the time he was employed by ETC. Estimated time for direct: 1 hour Paul L. Kelley Simpson Gumpertz & Heger Inc. Mr. Kelley is expected to testify about Simpson Gumpertz & Heger's review, evaluation and analyses of ETC's technical claims. Estimated time for direct: 4 hours Atis Liepins Simpson Gumpertz & Heger Inc. Mr. Liepins is expected to testify regarding the FEA analyses he performed in connection with Simpson Gumpertz & Heger's review, evaluation and analyses of ETC's technical claims. Estimated time for direct: 1 hour Phil Nuytten Nuytco Research Limited Mr. Nuytten is expected to testify about his review, evaluation, and analyses of some of ETC's technical claims. Estimated time for direct: 1 hour Richard Paullin Contract Solutions LLC Mr. Paullin is expected to testify about Contract Solution's review, evaluation and analyses of ETC's claims and the project schedule. Estimated time for direct: 3 hours

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Case 1:05-cv-00746-SGB

Document 41

Filed 05/30/2007

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Robert A. Peterson LitCon Group, LLC Mr. Peterson is expected to testify about LitCon Group's review, evaluation and analyses of ETC's damages claims. Estimated time for direct: 3 hours Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director s/ Franklin E. White, Jr. FRANKLIN E. WHITE, JR. Assistant Director OF COUNSEL: DAVID L. KOMAN Senior Trial Attorney Litigation Office Office of the General Counsel 720 Kennon Street, S.E., Bldg. 36 Washington Navy Yard, DC 20374-5013 202-685-6984 202-685-7036 (Fax) s/ Leslie Cayer Ohta LESLIE CAYER OHTA Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street NW Attn: Classification Unit 8th Floor Washington, D.C. 20530 202-307-0252 202-307-0972 (Fax) Attorneys for Defendant

May 30, 2007

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